June 18, 2015 

U.S. Department of Transportation 

Docket Management System 

West Building, Ground Floor, Room w12-140 

1200 New Jersey Ave, SE 

Washington, D.C. 20590 

Re: Exemption request pursuant to Section 33 of the FAA Reform act and the 

sections of 14 CFR as follows: 91.7(a), 91.103, 91.119(c), 91.121, 91.151(a), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), 91.417 ((a) & (b) 

Dear Sir or Madam, 

I am a photographer providing commercial services to individuals and businesses in 

the form of photography, videography, image retouching and enhancement, and 

related services. I also do personal projects whose work may subsequently be 

offered for sale. As with videography, low level aerial photography has become a 

necessary tool to remain competitive in my business. The recent availability of 

inexpensive unmanned aircraft systems (UAS) has made the ability to offer aerial 

imaging economically viable for people like me. So, I am requesting the FAA provide 

the exemption appropriate for me to do so. 

Although these VAS's are an affordable way to offer aerial imaging, they represent a 

significant investment for an individual and if lost or damaged for any re.ason, and 

'suc;,h loss not only affects my ab,ility to .. sell my services, but also IYlean expensive . 

replac;em~ntor repq.lr, and tl):~ delay ls. pffering, ~-e~rvices involv~d. So it is .verY much 

i~ my be~t lntereset~' operate ~ith" the 'ut~~~t of safety: at ~11: tim.ek'. ( si~ply 'avoid 

any conditions that represent unnecessary risk to people, property, or my 

equipment. 

Further, customers expect my services to be completely free of any kind of risk, as 

my business relies on my reputation for quality, timeliness and safety. I always 

conduct preflight inspection and calibration to ensure not only that the UAS is 

prepared for flight mechanically, but. also that all of its safety and flight control 

systems are operative, that it has sufficient power budget to perform the task with 

ample reserves for safe return, and that its fail-safe "return to home" feature is 

activated. 

\ ,· . • . . i ; /·· ~7 • \ : ~ ' 

My objective~ are two-fold- one, to. demonstrate cons.ci.ehtious attehtion. to the ·. 

details of safety in full view ofthe customer, and tWo, to set an example of s.~ch 

b~havior for others like ~yseif, by establishing su~h exp_ectatipn in the mind' a the • " '. ' • 1 

customer. 't- i 

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In all the flights I have conducted as a hobbyist, I have never had a single incident of 

loss of control or crashes of any kind. I believe attention to the details of safe flight 

are the reason. 

Therefore, pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA), I am applying for an exemption from the Federal Aviation Regulations 

(FARs) to allow commercial operation of my UAS, a DJI Phantom 2 Vision+ V3, under 

the conditions described in this request, and any others that may come from you as 

a result of being granted the exemption. 

Name and Address of Applicant 

Michael J. Knudsen 

14 Birkdale Way 

Trabuco Canyon, CA 92679 

Tel: 949-887-4322 (mobile) 

Email: mike@mikeknudsenphotography.com 

Regulations From Which Exemption is Requested 

91.7(a), 91.103, 91.119(c), 91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (2), 91.417 ((a) & (b) 

The Extent of Relief and the Reason I Seek the Relief 

I submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, 

seeking relief from any currently applicable F ARs that would prevent me from 

commercially operating my UAS within the national airspace system. The Reform Act in 

Section 332 provides for such integration of civil unmanned aircraft systems into our 

national airspace system as it is in the public's interest to do so. My very light weight 

U AS meets the definition of "small unmanned aircraft" as defined in Section 3 31 and 

therefore the integration of my UAS is expressly contemplated by the Reform Act. The 

Reform Act guides the Secretary in determining the types ofUAS's that may operate 

safely in our national airspace system. Considerations include: The weight, size, speed 

and overall capabilities of the UAS's; Whether the UAS will be operated near airports or 

heavily populated areas; and, whether the UAS will be operated by line of sight. 112 P.L. 

95 § 333 (a). Each of these items is consistent with an exemption for me. My UAS has 

four ( 4) counter-rotating, self locking propellers for balance, control and stability. It is 

equipped with GPS , inertial compass, and auto return safety technology, in the event of 

depleted power reserve or loss of control signal. It weighs less than five (5) pounds (far 

below the maximum 55 pound limit), and carries no deliverable payload. 

My UAS carries the latest factory provided control algorithms, which include prohibition 

from operating at more than 400 feet AGL, or operating near any Class A orB airport. It 

has a maximum speed of 35 miles per hour. 

Finally, I am seeking relief similar to, and in no way exceeding the relief granted in 

Exemptions Nos 11062, 11109, 11112, and 11213, among others, except for those 

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specific items pertaining to licensed pilots, since I submit the relief I request is similar in 

all other material respects to those. 

How My Request Would Benefit the Public as a Whole 

The public would benefit in a number of ways. 

First, aerial photography provides a unique viewing experience, previously only available 

at great cost to the public. Using a UAS for the same purpose offers a similar enhanced 

view for dramatically less cost, enabling many more people to enjoy such enhanced 

viewing for both leisure and business use. 

Second, conventional methods, using manned aircraft such as helicopters, represent 

significant noise and disruption to the surrounding environment and residents. UASs, by 

comparison are virtually silent. 

Third, conventional manned aircraft are limited to an altitude floor of 500 feet, limiting 

the quality and resolution of the images without significant further investment in 

sophisticated camera equipment, again limiting its widespread accessibility to the public. 

Fourth, my UAS is battery powered, and uses an infinitely small amount of power for the 

typical photographic mission. Energy consumption, carbon footprint, and pollution are 

virtually non-existent compared to the same mission perform by a conventional manned 

aircraft. Further, a UAS takes off and lands directly at the point of use, rather than from a 

distant airport, which only increases the consumption of fossil fuel, carbon footprint, and 

pollution problem. 

Fifth, this new technology allows for the many more applications thus enhancing the 

~;:trning power of those in the profession, attracting more into the profession, thereby 

enhancing the national economy, with no adverse effects on the environment. 

Finally, while both communities (manned aircraft and UASs) operate with safety as a 

first priority, accidents involving manned aircraft are orders ofmagnitute more serious in 

terms of human risk, property damage, and collateral damage. The primary risk in a UAS 

accident is loss of the aircraft. Due to their small size, light weight, absence of any 

combustible fuel, and slow speed, they are simply incapable of causing the kind of 

damage a manned aircraft can. This significant reduction in risk while proving enhanced 

quality of life is of significant benefit to the public. 

Reasons why the exemption would not adversely affect safety, or how the exemption 

would provide a level of safety at least equal to the existing rule 

Safety with regard to other aircraft is not affected for the following reasons. 

First, my UAS (a DJI Phantom2 Vision+, V3) is electronically limited to a maximum 

altitude of 400 feet, AGL, while all other conventional aircraft are limited to a minimum 

altitude of 500 feet AGL, providing a 100 foot buffer, eliminating the risk of collision in 

flight. So, level of safety is equal to current law. 

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Second, built in control algorithms prohibit my UAS from flight near all Class A & B 

airports in the NAS, eliminating the risk of low level collision during takeoff and landing. 

So, the level of safety is equal to current law. 

Third, I always fly within clear line of sight, and therefore am well aware of people, 

obstacles, vehicles, and other obstructions, and in full control at all times. This exemption 

would add no safety risk to the current law that allows similar hobbyist use. 

Safety with regard to people and property on the ground is at least equal to current law 

for the following reasons. 

First, in the event of pilot incapacitation, the UAS stops and hovers in space using its 

GPS lock to maintain position. It remains there until a low fuel or loss of control 

condition surfaces. This is safer than current law, since pilot incapacitation usually means 

loss of control for manned aircraft. 

Second, in the event of low fuel (battery charge), the UAS automatically returns to its 

takeoff point without input from the operator. Manned aircraft do not have this feature. 

This is clearly safer than current law. 

Third, in the event of loss of Ground Station Control (GSC) signal, my UAS is 

programmed to automatically return to its original takeoff point, unless control is 

recovered by the pilot. Since manned aircraft do not possess this capability, safety is at 

least equal to current law. 

Regarding impact of an accident, the combination of probability and consequence must 

.be considered. In the event of a manned aircraft accident, the size, speed, and fuel 

pay load of a conventional manned aircraft are many orders of magnitude larger than a 

UAS. So, there are always serious consequences of an incident to ground people, 

property, passengers, and crew. All personnel on board the aircraft are put in mortal 

danger. The small size (less than one cubic foot envelope), light weight (less than five 

pounds), relatively slow operating speed (less than 35 MPH), and remote control nature 

of an UAS renders any impact of a crash trivial by comparison. The primary risk is to the 

UAS itself. If the choice is taking aerial photos from a manned aircraft or a UAS, the 

UAS is therefore vastly safer for such work, and certainly no less safe than current law, 

and no less safe than hobbyist use for similar purpose. 

The enablement of commercial use of a UAS for the same purposes- i.e. aerial 

photography -as current law permits for hobbyist use is in every respect just as safe, 

since all material operating environments, conditions, and procedures are the same. I will 

not operate outside those existing restrictions. The operator is simply receiving 

compensation. 

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Specific Section or Sections of 14 CFR from which I am seeking Exemption and 

reasons 

14 C.F.R. § 91.7 (a) Civil aircraft airworthiness 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

Since no FAA regulatory standard exists for determining airworthiness ofthe UAS, I 

request an exemption. I will employ all calibration and safety checks prescribed by the 

manufacturer prior to every flight. 

14 C.F.R. § 91.103: Preflight Action 

Section 91.103 requires each pilot to preflight an aircraft before flight to insure the 

safety of flight. 

As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. 

However, an equivalent level of safety will be provided. I will take all actions, including 

reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft 

performance data before commencement of flight. 

14 C.F.R. §91.119(c): Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 

provides, in pertinent part, that: " ... except when necessary for takeoff or landing, 

no person may operate an aircraft below the following altitudes: ..... 

(b) Over other than congested areas. An altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft may 

not be operated closer than 500 feet to any person, vessel, vehicle, or structure." 

Because I request authority to operate at altitudes only up to 400 feet AGL, I am asking 

for an exemption is needed to allow such operations. 

C.F.R. §91.121 Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set: " ... to the elevation of the departure 

airport or an appropriate altimeter setting available before departure." 

My UAS may not have a barometric altimeter, but instead a GPS altitude read out, I am 

requesting an exemption. An equivalent level of safety will be achieved by the operator, 

pursuant to the safety check list and live flight data monitoring, confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning: "a flight in an airplane 

under VFR conditions unless (considering wind and forecast weather conditions) 

there is enough fuel to fly to the first point of intended landing, and, assuming 

normal cruising speed- (1) During the day, to fly after that far at least 30 minutes; 

or (2} At night, to fly after that for at least 45 minutes." 

The battery powering the UAS provides approximately 25 minutes of powered flight. The 

30 minute reserve requirement in 14 CFR §91.151, is outside its total flying time 

capacity. However, the UAS is programmed to automatically return to its launch point 

when battery power drops to a level just sufficient for such return. Given this UAS 

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feature and the flight time limitations on the UAS, I am requesting an exemption. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in§ 91.715, no person may operate o civil aircraft unless it 

has within it the following: {1} an appropriate and current airworthiness certificate. 

{b) No person may operate o civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91. 715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. 

The UAS fully loaded weigh is no more than 5 lbs and is operated without an on board 

pilot. As such, there is no ability or place to carry certification and registration documents 

or to display them on the UASs. Nor are there passengers or crew to view them. I will 

offer similar identification by keeping appropriate documents at the ground control point 

to the extent they are applicable to the UAS. Therefore I request an exemption. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections 

These regulations require that an aircraft operator or owner: "shall have that 

aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections, except as provided in paragraph (c) of this section, have discrepancies 

repaired as prescribed in part 43 of this chapter ... , " and others shall inspect or 

maintain the aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. I will perform all maintenance 

pursuant to the flight manual and operating handbook. An equivalent level of safety will 

be achieved because these UAS are very limited in size and will carry no deliverable 

payload. If mechanical issues arise the UAS can land immediately and will be operating 

from no higher than 400 feet AGL. I will ensure that the UAS is in working order prior to 

initiating flight, perform required maintenance, and keep a log book of any maintenance 

performed. The operator is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the UAS Manufacturer's Manual, as referenced in the 

Aircraft Operations Manual. As provided in the Operations Manual, the operator will 

ensure that the UAS is in working order prior to initiating flight and perform required 

calibration and maintenance needed. 

SUMMARY FOR PUBLICATION 

Michael J. Knudsen seeks an exemption from the following rules, 

91.7 (a); 91.103;91.119(c); 91.121; 91.151(a); 91.405(a); 

91.407(a)(1); 91.409 (a)(l) and (2); 91.417(a) &(b). 

to operate commercially a small unmanned aircraft system (UAS) for aerial photography 

and videography. Approval of exemptions allowing UASs commercial operations in the 

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areas listed above will enhance safety by reducing risk. A UAS weighing fewer than 5 

lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass 

and lack of combustible fuel carried on board traditional aircraft performing the same 

function. The UAS will carry no passengers or crew and, therefore, will not expose them 

to the risks associated with manned aircraft flights. The operation of small UAS 

conducted in the strict conditions outlined above, will provide an equivalent level of 

safety supporting the grant of the exemptions requested herein, including exempting the 

applicant from the requirements of Part 21 and allowing commercial operations. These 

UASs operate at very slow speeds, close to the ground, as a result, are far safer than 

conventional operations conducted with conventional aircraft operating in close 

proximity to the ground and people. 

Privacy 

As a photographer, I am already aware of the need to respect the privacy of persons, their 

likenesses, and private property. I obtain permission in advance and model releases where 

needed, for any work involving private property, and commercial use of images. 

Summary 

I respectfully submit that satisfaction of the criteria provided in Section 333 of the 

Reform Act of2012 (size, weight, speed, operating capabilities, proximity to airports and 

populated areas and operation within visual line of sight and national security) provide 

more than adequate justification to grant me the requested exemption. If you have any 

questions or need additional information or clarification of any information contained 

herein, please contact me as follows: 

Michael J. Knudsen 

14 Birkdale Way 

Trabuco Canyon, CA 92679 

Tel: 949-887-4322 (mobile) 

Email: mike(mmikeknudsenphotography. com 

I will respond promptly. 

Thank you very much. 

Michael J. Knudsen 

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